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HomeMy WebLinkAbout04/20/2004 Regular Council Meeting MinutesII. III. PLACE AND DATE Marana Town Hall, April 20, 2004 CALL TO ORDER By Vice Mayor Kal at 7:01 p.m. PLEDGE OF ALLEGIANCE Led by Mayor Sutton INVOCATION/MOMENT OF SILENCE A moment of silence was observed in honor of Leilani Schisler, who recently passed away. IV. ROLL CALL Vo COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Reuwsaat Jaret Barr Frank Cassidy Jocelyn Bronson Town Manager Present Interim Development Services Admin. Present Town Attorney Present Town Clerk Present Attached is a list of public attendees. APPROVAL OF AGENDA Upon motion by Council Member Escobedo, seconded by Vice Mayor Kai, the agenda with an amendment was unanimously approved. The change was that Item IX. A. Consent Agenda 4, Resolution No. 2004-48, was moved to Item IX. B. Council Action 1. VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Comerford, seconded by Council Member McGorray, the minutes of the April 6, 2004 Town Council Meeting were unanimously approved. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Steve Temple, Western Heritage Committee, addressed the Council and provided an update of the rescheduled Founders' Day Rodeo events which were cancelled on March 134 because of rain. He said that events to be held on Friday evening, April 23ra would include team roping, an open cowboy calf roping, and the Town Challenge calf dressing event. Mr. Temple continued by listing a variety of youth events scheduled for Saturday morning, April 244 and he noted that Mayor Sutton would present commemorative Western Heritage buckles to the Marana Man & Woman of the Year at approximately 10:30 a.m. He related that adult team roping would take place during the evening hours on Saturday. He noted that events Sunday, April 254 included barrel racing and the presentation of commemorative Western Heritage saddles to the winning competitors. He made a call to the public for participants and urged everyone to attend the rodeo event. Mayor Sutton recognized the Pima Association of Governments' PAG) new Executive Director, Gary Hayes, who was present in the Council meeting audience. The Mayor said that Mr. Hayes was already doing good things for PAG and setting guidelines for its new direction. Brad DeSpain presented the Mayor with a western belt from the Western Heritage Association to go with a buckle previously presented to the Mayor. Bob McCrae, Berry Acres resident, spoke before the Council about safety concerns and flood issues associated with his neighborhood. He asked that the Council and Town staff stay in touch with the processing of work on the floodplain reorganization in that area. He said that mosquito problems were present in Berry Acres because of ponding and stagnating of the agricultural drainage waters. He asked if there was any way for Town officials to mitigate the amount of water going into the bar ditches. He added that there had not been any further discussion about the Town's possible purchase of the Linley Water Company and he said that he hoped this issue would be a topic of Council discussion again soon. Mayor Sutton asked the Town Manager to update the Council on the stated Berry Acres issues. Council Member Escobedo commented that a meeting was recently held with Pima County officials regarding changes to the floodway patterns and he predicated that information would be available to the public in the immediate future. He said that the purchase of the area's water company was still being discussed. Council Member Honea said that he believed that Pima County had informed the Town staff that the floodplain changed from floodway to floodplain on approximately 95% of Berry Acres and that the proposed changes should be approved sometime this year. Mr. Reuwsaat stated that a weekly meeting focusing on the floodplain issues was being held with Pima County and Town senior staff and that Board of Supervisor Chair Sharon Bronson was also in attendance at these meetings. He said that the letter of map revision for the levee on Sanders Road should be issued fairly soon and said that Pima County staff had been invited to report on this matter at the May 4, 2004 Town Council meeting. He said that the Town's map revisions from Sanders Road to the Pinal County line were tied to the County process. He said that part of the process, which the County would explain at the first Council meeting in May, was that once the County and the Town received the notification that the letter of map revisions has been finalized, there would be a 90-day public comment period in order to deal with technical issues. Mr. Reuwsaat mentioned that the delineation of the floodplain/floodway from Continental Ranch to the Pinal County line could be expected before the end of the year and added that County staff would also discuss the resident notification process that would be used for instructions on obtaining flood insurance refunds from the last year. He concluded by noting that this topic would be listed as an informational item on the May 4th Town Council agenda. Ed Stolmaker, Marana Chamber of Commerce, gave a brief update of the Chamber's first quarter. This report was distributed to the Council and has been made a permanent part of this record. Mr. Stolmaker said that Mr. Reuwsaat and Mike Hein, Pima County Deputy Administrator, had all attended the Chamber's board meeting on Monday, April 19a' where discussion of the May 18th bond election took place. He reported that the board had voted in support of the five general obligation bonds as well as the sewer revenue bond. lie said that he was appreciative of the Town's support of the bowling tournament held on Saturday, April 17a' at Bedroxx Bowling and reported that the event had been a huge success. Mr. Stolmaker said that he had recently been informed by the Arizona Department of Transportation (ADOT) regarding the replacement of the tourism signs along 1-10. He reported that the signs would not be replaced for at least another three weeks instead of by the end of April as promised. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA Resolution No. 2004-44: Relating to Animal Control Services; Approving Amendment No. 1 of the Intergovernmental Agreement with Pima Animal Care Center for the Provision of Animal Control Services within the Town of Marana (Jocelyn Bronson) o Resolution No. 2004-45: Relating to Marana Founders' Day; Approving the third weekend in March of each year for the official celebration (Jocelyn Bronson) Resolution No. 2004-47: Relating to Public Works; authorizing acceptance of the counteroffer to purchase land owned by Ina & Silverbell I Limited Partnership on the Southeast corner of Ina Road and Silverbell Road (H. Thomas Gill) Upon motion by Council Member Honea, seconded by Council Member McGorray, the consent agenda as amended was unanimously approved. Item IX. A. 4. Resolution No. 2004-48~ was previously moved to IX. B. Council Action. B. COUNCIL ACTION Resolution No. 2004-48: Relating to Water Service; Approving and Authorizing the Execution of the First Amendment and Addendum to Town of Marana Agreement for Construction of Water Facilities and Provision of Water Utility Service between the Town of Marana and Diamond Ventures, Inc., Continental Reserve, LLC and Pima Farms 160 LLC, pertaining to the Ironwood Reserve Project. Mr. Reuwsaat presented this item before the Council and explained that text clarifying the entity responsible for the agreement had been added to the originally proposed resolution. 4 Mr. Cassidy pointed out that the agreement was essentially the same as previously distributed to the Council and that a corrected version would be made available to the Mayor for signature if approval was given. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2004-48 was unanimously approved. Resolution No. 2004-46: Relating to Boards, Commissions and Committees; Approving the Formation of the Marana Teen Advisory Council (Mike Brummett) Mr. Brummett, Recreation Coordinator for Teen Programs, addressed the Council regarding this item. He introduced the Marana Teen Advisory Council's Planning Committee members which included Chief Richard Vidaurri, Jane Howell, Randy Robbins, Tim Escobedo, Laurie Shepherd, Bill Derfus, Ed Stolmaker, and Jocelyn Bronson. He gave a brief background of the proposed action and said that the Planning Committee had visited a Peoria, Arizona youth committee meeting in order to view firsthand a teen council in action. He reported that the Planning Committee had surveyed approximately 1,600 Marana High School (MHS) students about their interest in a teen council as well as for their input on youth/student activities. He said that 1,550 responses had been received and 49 students expressed interest in serving on the teen council. He pointed out that 23 of the 49 students were Marana residents and, following Council approval, applications would be submitted to the Council for consideration. He acknowledged the assistance of Jan Truitt, MHS Principal, saying that she had been very supportive and helpful during the investigative and formation process. Council Member Escobedo commended the Town staff members for their work on this project. He said that the Marana Teen Council would not mirror Peoria's youth group but would be aiming toward a higher level of community participation by the teen council members. He stated that there would be the opportunity for the youth council to make recommendations to the Town Council regarding teen issues and activities. He announced that Mike Brummett would be the Teen Advisory Coordinator dealing directly with the youth. He explained that the planning committee members would also continue to be involved and would comprise a second advisory tier for the teen council to consult prior to the submission of recommendations to the Town Council. Upon motion by Council Member Escobedo, seconded by Council Member Honea, Resolution No. 200446 was unanimously approved. PUBLIC HEARING: Ordinance No. 2004.07: Relating to development; rezoning the 103-acre Willow Ridge property along the south side of Cortaro Farms Road east of Hartman Lane and west of Star Grass to R-6 (60 acres), R-16 (34 acres) and NC (9acres). (Kevin Kish) Mr. Cassidy explained the technical items that were being proposed for change in Ordinance No. 2004.07. He said that a boundary survey which was recently performed reflected a more accurate accounting of the acreage included in the rezoning request than the Pima County Assessor's records. He said that the corrected ordinance included minor changes and now referred to 104.6 acres as opposed to the originally stated 102.97 acres. He explained that the property changing to R-6 was 60.8 acres instead of 60 acres, the NC would be 9.7 acres instead of 9 acres, and the acreage changing to R-16 would be 34.1 acres instead of 34 acres. He continued by outlining other changes to the proposed ordinance including several minor right-of-way issues that needed clarification and a new section, Section 5, had been added. He explained that the new section authorized the Mayor to execute the ordinance upon the Town's receipt of a fully executed Willow Ridge Development Agreement. Mayor Sutton opened the public hearing. Sonja Macys, representing the Tucson Audubon Society, addressed the Council regarding the organization's concerns with the proposed rezoning action. Ms. Macys presented the Council with a letter outlining these concerns and it has been made a permanent part of this record. She said that a meeting had taken place with Town staff on Monday, April 19% in order to discuss the listed concerns. She noted that, as landowners of a nature preserve on Tucson's northwest side and as project managers of a large restoration project along the Santa Cruz River just south of the Pinal County line, the Tucson Audubon Society had an interest in the area in question and wanted to assist with the development process in a way that would benefit the wildlife. She pointed out that the proposed rezone area was within environmentally sensitive lands and that the current residential zoning designation was appropriate but that an additional commercial designation would not be compatible with the sensitive area. She said that, as a recovery area for the cactus ferruginous pygmy-oM, the property contained two of the pygmy-owl crossings within the development plan. She said that the Tucson Audubon Society had provided recommendations for area improvements which outlined ways to open up the areas for viability and maintenance of the corridors. She said that one of the main concerns was insuring that mitigation occurred and that it would be a high priority. She remarked that this rezone effort was considered an open license for future developers to follow which could potentially cause the loss of the remaining habitat in the newly annexed area. She asked that the Town consider the option of acquiring some of the adjacent lands for mitigation purposes or to explore the possibility of acquiring easements from the area property owners. She mentioned that the homeowners association was proposed to be the monitor of the conservation easement and that this had not been an effective mechanism in the past for insuring habitat conservation. She suggested that the development be required to pursue the easement monitoring in partnership with the Arizona Open Land Trust or another organization experienced in conservation monitoring. She continued by saying that the assessed impact fees were appropriate and necessary. She communicated her belief that this was a step in the right direction in trying to provide for some mitigation for developments and that the Town of Marana had taken a position of leadership on this issue. She thanked the Council and senior staff for this consideration and also for the Town's endorsement of the Open Space bond which will appear on the May 18th ballot. She concluded by asking the Council to reconsider approval of the proposed rezoning ordinance and to keep the property as currently zoned which would, in her opinion, provide for a habitat protection area. Jenny Neeley, representing Defenders of Wildlife, spoke before the Council about concerns with the rezoning ordinance. She said that her group had a particular interest in the action because of the likely impact on recovery efforts for the pygmy-owl. She thanked the Town for including the Defenders of Wildlife in its conservation planning efforts several years ago but said that there were still concerns remaining with the pygmy-owl habitat preservation. She said that the rezone area encompassed some of the last remaining and most significant pygmy-owl habitat left in Arizona and had been proposed as critical habitat for the pygmy-owl by the U.S. Fish and Wildlife Service. She stated that the area also fell within the recovery area #3 as well as the Northwest Tucson Special Management Area and the most current draft of the recovery plan. Ms. Neeley added that the proposed rezoning area was also directly adjacent to the designated high conservation value area of Northwest Tucson, the only area in the entire region to receive that designation in the pygmy-owl recovery plan. She described the area as an occupied breeding habitat and extremely significant to the survival and recovery of the pygmy-owl. She confirmed that her organization believed that the rezoning effort would jeopardize the continued existence of the pygmy-owl and urged the Council to reconsider the rezoning action. She asked that the Council delay the approval of the ordinance. Carolyn Campbell, representing the Coalition for Sonoran Desert Protection, voiced her concerns regarding the proposed Council action. She stated that the land involved in the rezone effort was not only critical to the survival of the pygmy-owl but also pivotal in the overall habitat preservation. Ms. Campbell said that there were concerns about the Willow Ridge development and that the environmental impacts to the area would be devastating. She said certain conditions of the Willow Ridge Development Agreement should be made more explicit and better defined in terms of benefiting the native wildlife. She said that additional mitigation should be incorporated as well. She thanked the Council for its leadership role associated with the upcoming Pima County Open Space bond issues. Kevin McHugh, Executive Director of Desert Watch, voiced his opposition to the rezoning effort. He noted that members of Desert Watch had served on many municipal advisory committees regarding environmentally sensitive lands and on the Pima County Bond Advisory Committee. He disclosed that, prior to Willow Ridge officially becoming a development project, an agent of the developer met with his organization to formulate a set of environmentally sensitive design recommendations. He pointed out that very few of those recommendations were included in the proposed development plan. He said that he was not present to speak for Desert Watch but to speak as a private citizen. He noted that he was sympathetic for the Town officials in terms of the amount of pressure being exerted from the property owners wanting to develop their holdings. He stated that it was his understanding that this project was the subject of a lawsuit over technical and procedural errors in the annexation process. He asked the Council to delay making a decision of any rezoning or any development plans on this parcel until the annexation dispute was settled. Mr. McHugh said that he had researched Marana's records and found a quote from a former Marana official. He did not identify the former official but read the quote into the record as follows: "Rooftops are not economic development and allowing commercial development away from the urban commercial core makes no economic sense. It cannot pay for the cost of infrastructure or services." He asked that the Council consider the quote as they made their decision on this item. He also asked that the Council delay the decision regarding the rezoning effort until after the annexation legal matters were settled. Mr. Bart stated that there had not been any official notification to the Town of any pending legal action associated with the Camino de Oeste annexation. He added that the Town stood by its procedural process. Mayor Sutton commented that this issue would be addressed later in the public hearing. Doug McVie, Cortaro Farms Road area resident, spoke before the Council regarding this matter. He said that he and his wife had both served on Pima County's initial Comprehensive Plan Committee and on the Plan's recent update committee, as well as the Sonoran Desert Conservation Plan's Steering Committee, and the pygmy-owl recovery plan committee. He said that they opposed the Willow Ridge up zoning because they felt it was inconsistent with the Marana General Plan, that it was inconsistent with the goals of the Sonoran Desert Conservations Plan, and with the Pima County Comprehensive Land Use Plan. He added that he believed the rezoning effort to also be inconsistent with the recovery of endangered species in the area and inconsistent with the existing land uses in the Cortaro Farms Road area. He commented that this was not an in-fill project surrounded by low to medium density residential as the applicant claimed but that the property was surrounded only by low density residential, mainly suburban ranch, which was one of the lowest density most restricted zoning classifications in Pima County. He quoted from the Cortaro Farms Road Environmental Assessment & Mitigation Report, Chapter 2, Page 3, "More than 50% of existing zoning on both sides of proposed right-of-way is low density residential suburban ranch." He said that a number of people had spoken previously in the meeting about the sensitivity of the desert lands in this area and he said that he was also concerned that the up zoning threatened all the sensitive lands in the area and was setting the stage for the entire Cortaro Road's scenic route to be transformed into strip mails and generic tract homes. 9 He continued by saying that the development plan called for only 25% of the land to remain natural and undisturbed and that this was a poor way to treat environmentally sensitive lands. He said that transplanting vegetation to other parks, community centers or natural preserves did nothing for the onsite mitigation and actually threatened the survival of the plants. He spoke about the widening of Cortaro Farms Road and said that it had been held out as a big bonus to the community but that the developer's plan to improve less than half of the Cortaro Farms Road project did not benefit the community. He asked that consideration be given to the extra vehicle trips the development would generate on Cortaro Road and said that he believed the project's increased development was a terrible price to pay for one mile of widened roadway. He said that the level of service, east of Camino de Oeste, at the Cortaro/I-10 interchange, was already substandard and that this project did not improve these key areas but would make the level of service to these areas worse. He said that he was concerned with negative comments made by Planning Commission Chairman Dave Parker at the Planning Commission hearing related to this action. He stated that the Chairman had commented negatively about this planning of this project and said that he felt that developers were driving the planning of Marana. He continued his address to the Council by stating that a number of people had asked if the commercial development was necessary and that it was put forth by the Town and the developer that the commercial development would actually help with traffic congestion on Cortaro Road. He said that he did not believe this to be true. He noted that the portion of Cortaro Road east of this project would not be widened and was more overburdened than the portion of roadway in question, being 1,000 trips per day more overburdened. He asserted that the road survey being distributed and championed by the Town was not a good thing. He concluded by stating that the Pima County residents paid in the past bonding effort to have the entire road widened and that this should be done in a timely manner and without extra development in the area. Gary Brown, representing Desert Son Community Church, spoke before the Council regarding the proposed rezoning effort. He voiced his approval of the action and said that his fellow church members had reviewed the proposed plan and believed that the wildlife corridors and open space connections were well done. He said they believed that the setbacks were appropriate with varying height levels on the homes and that 75% of the ironwood trees would be saved. He said he believed there was a total of 30 to 40% of open space available and that the commercial development was present because it would reduce the traffic coming onto Cortaro Road. 10 Mr. Brown said he thought this was a good fill-in project and that 15% of the church's property would be required in order to accomplish the roadway widening. He pointed out that due to the safety issues, it was a good thing to do at this time. He said that the church membership was especially excited about the partnership between the Town of Marana, Pima County, and the developer to widen the road before the 2008 timeframe associated with the 1997 bonds. He said that the safety access and functionality plan was excellent. Mr. Brown then said that his next statements would be spoken as a private citizen and not as a representative of his church. He said that there were 8,000 Pima County residents who were in favor of the wildlife preservation but it should be noted that there were also 792,000 County residents that were in favor of development. He said that the concerns from the environmental advocates had been overwhelmingly voiced and that it was time to hear from the human voice that accepted growth and wanted wise planning. He said that the human safety factor needed to be considered and not simply pygmy-owl safety. Molly Brown, 30-year resident of Cortaro Farms Road, addressed the Council on this issue. She said that her property adjoined the church's property and was directly across from the Willow Ridge project. She said that she had never seen a pygmy-owl in all the years she had resided on Cortaro Farms Road. She stated that safety was her main concern as her grandson had been struck by a vehicle on Cortaro several years ago and had been seriously injured. She said that she was very much in favor of the proposed project and rezoning. No additional public speakers came forward. Mayor Sutton closed the public hearing. Mayor Sutton asked the Town Attorney to address any legal issues he was aware of that were associated with this project. Mr. Cassidy replied that he was not aware of any legal issues connected to this project or to the annexation of the property. Kevin Kish addressed the Council and gave a brief description of the proposed development. He listed the zoning designations included within the 103-acre property as well as subdivision features such as setbacks and building height restrictions. He said that the project illustrated Marana's commitment to coordinate land use development with related transportation improvements to better-serve the community. 11 He noted that there were 31 conditions outlined in the amended ordinance before the Council and said that staff recommended approval. Mayor Sutton commented that one of the public speakers had said that there would not be any traffic improvement or upgrade to the level of service to the community after the roadway widening. He said that this was far from what he had in his mind of what the improvements would do for the Marana citizens. He asked Jim DeGrood to address this issue. Mr. DeGrood responded and stated that this project would be generating approximately 2,000 new vehicle trips onto Cortaro Road with about 60% of those trips on the element of roadway to the west to the freeway and that the project would add 800 to 900 vehicles per day to the roadway element to the east. He said that a recent count of vehicles on Cortaro Farms Road suggested that approximately 24,000 vehicles per day traveled the roadway and that this number was well above the rated capacity of the roadway. He pointed out that this factor was the main reason the Town felt so strongly that there was an eminent need to improve that roadway by widening it to four lanes which would easily accommodate those trips on the roadway to the west. He described the commercial development as a neighborhood commercial which ordinarily normally were seen as areas that diminished trips bound for other destinations and did not significantly add to the total number of trips. He pointed out that statistics indicated that these types of commercial developments actually shortened trip lengths. He emphasized that one safe guard for this project was to make sure that no homes were occupied before the four-lane roadway improvement was completed. Mayor Sutton said that Carolyn Campbell's suggestion to have an experienced organization monitor the sensitive land area as opposed to the homeowners' association sounded like a good idea. Mr. Reuwsaat remarked that it was a good idea but that it was a dilemma currently faced by every project located within sensitive habitat areas. He said that high maintenance costs and agreement on what would be sustained was an issue for the every jurisdiction throughout the County. He mentioned that the Town was in discussions with Pima County over this issue as the County reviewed its open space acquisitions and future plans. 12 Mayor Sutton asked if the system of checks and balances for this type of HOA projects were significant enough to give the homeowners associations proper monitoring guidelines. Mr. Reuwsaat replied "yes" and said that the language provided in the development agreement was flexible and did not require the monitoring agent to be an HOA. He said that there were other options available. Mayor Sutton asked if the County had a position on the Camino de Oeste annexation and Willow Ridge rezoning effort. Mr. Reuwsaat said that no official position had been taken by the County on the annexation or rezoning. He pointed out that Pima County had recently entered into an IGA with the Town where the County will transfer $7M out of the 1997 bond issue to the Town for the Cortaro Road improvements. He pointed out that this project dealt with wildlife crossings and transportation as well as resolving most of the drainage issues of the entire area. Mayor Sutton commented that this was a huge environmental issue and he thought that a lot of pressure was being applied to the Marana officials that this was the Town's call. He said that the project had to go through all the required conditions based on habitat and the pygmy-owl requirements, regardless of what the Town passed. The Mayor asked that Mr. Kish comment on the on-site and off-site mitigation. Mr. Kish said that this project required consultation with the U.S. Fish and Game and that the developer had been meeting with the federal agency. He noted that the project's design was based on input from the Fish and Game department. He emphasized that the federal agency was not going to approve anything that resulted in an adverse modification to the habitat which was their stewardship. He said that Town staff was comfortable with the project from that standpoint. Mr. Barr added that there was a symbiotic relationship not only between the development and the environment but also between this project and the needed drainage solutions, the necessary road improvements, and the needs of the community in relation to the development. He said that the Town staff was working with the U.S. Fish & Wildlife in identifying not only land mitigation but other open space contributions in environmentally sensitive areas. 13 Mr. Barr said that the staff did not disclose the fact that mitigation properties were being considered by the Town because they did not want the land owners to raise prices. He said that other developers were already speculating on a 37-acre parcel which U.S. Fish & Wildlife considered even more critical habitat than the Willow Ridge properties but that the price was too high for the Town to pay for mitigation purposes. Mayor Sutton mentioned that suggestions had been made to delay the Council's decision on the rezoning and the development agreement. The Mayor said this was not necessary and pointed out that there were plenty of checks and balances in place associated with this project. He said that he had never seen a rezoning effort with 31 conditions. He brought up another comment by Ms. Campbell regarding the Town's history of support for conservation planning and environmental consciousness. He said that the Town was a leader in certain areas of this type, noting that Marana was the first municipality to have its own Area Conservation Plan (ACP) and the first jurisdiction to endorse the Open Space bonding effort as well as the rest of the bond issues. He said that the Town was moving in a good direction and that voices from all viewpoints would always have an opportunity to be heard by the Council. He said that aside from swing set issues or Little League problems, the issues he received the most calls about were roadway improvements and drainage problems. He said that he understood both sides of this rezoning issue but that there was no pressure on the Council to help any landowner cash out. He emphasized that the only pressure the Council had was to protect its citizens and do what was best for the environment. Mr. Barr thanked Ms. Macys, Ms. Campbell, and Ms. Neeley for adding their perspectives to this issue. He said that he thought the women had made positives comments and that they would be invited to sit down with the Town when the plat was ready for review. Mr. Reuwsaat said that what came to his mind was balance with the environment and the urban environment. He said that innovation on the Town's part was also important. He said that the rezoning and the development agreement were a stellar example of both balance and innovation in trying to meet the needs of all parties in order to make this project viable. There was no further discussion of this item. 14 Upon motion by Vice Mayor Kai, seconded by Council Member Honea, Ordinance No. 2004.07 with the recommended conditions and amendments was unanimously approved. Council Member Escobedo thanked the Town Staff and fellow Council members for their outstanding work on this project. He said that he was appalled that someone would reference nonexistent lawsuits in their debate and that, if legal actions were an issue, then the Council action would have gone in a different direction. Resolution No. 2004-49: Relating to development; approving and authorizing the execution of a development agreement relating to the Willow Ridge development project (Frank Cassidy) Mr. Cassidy presented this item before the Council and said that this was the development agreement that carried out many of the obligations and commitments under the previously heard zoning case. He noted that a revision was distributed before the meeting but that all of the fundamental elements of the agreement had stayed the same. He described the changes and said that the developer was agreeing to pay the existing Marana South Transportation Development Impact fee of $2,435 per unit for the Twin Peaks Interchange and would contribute $6,400 per residential unit for the environmental and park items that have been discussed. He said that the developer would also contribute at least $700,000 toward the design and construction of Cortaro Road including some drainage monies. He pointed out that the money made it possible for the Town to get the roadway construction completed in a timely manner. He said that, per the newly acquired boundary surveys, the property size changed from 102.97 to 104.6 acres and the legal description was now referenced within the agreement. He said that minor wording changes were made to Article 2. Infrastructure, Section 2.1, and Section 2.2. He described the changes to Article 5. Protected Development Rights which allowed for a five year period within which the Town agreed not to change the development regulations. He noted that a two-year extension period was also added and that the timeframe met with the applicable Arizona Revised Statutes {}9-1203. He said that Article 8. General Terms and Conditions, Section 8.2. Term, provided for the agreement termination by the applicant if the Town materially impaired the development entitlements on the property. A black-lined copy of this agreement has been made a permanent part of this record. 15 Council Member Blake commented that the developer would have to pay $10,035 per lot in impact fees and that he did not know of another jurisdiction that imposed that much in fees. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Resolution No. 2004-49 was unanimously approved. 4. State Legislative Issues - Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Reuwsaat) There was no report given at this time. C. MAYOR AND COUNCIL'S REPORT Council Member Comerford reported that she was still hurting from the fundraising bowling event recently held at Bedroxx Bowling on April 17~. D. MANAGERS' REPORT Mr. Reuwsaat reported that he had been speaking with State Representative Jennifer Burns and that she was considering introducing a resolution on the House Floor recognizing the Town of Marana as one of the best managed cities in the U.S. He said that he would keep the Council informed about when this legislation would be before the House for approval so that Council members and Town staff could attend the ceremony. 16 XI. FUTURE AGENDA ITEMS There were no items suggested for future agendas. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, approval to adjourn was unanimous. The time was 8:25 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on April 20, 2004. I further certify that a quorum was present. 17